Personal Injury Lawsuits Brought Under Dram Shop Liability Laws

 Posted on June 01, 2020 in Personal Injury

When a person considers the health risks of excessive alcohol consumption, he or she may think about problems like liver disease or high blood pressure. However, diseases like these are only some of the many ways in which alcohol use can cause injury or death. Alcohol-related injuries, including those caused by falls, car accidents, drowning, or violence, are extremely common. It is estimated that 3.2 percent of worldwide deaths are caused by alcohol.

When a person is injured in an alcohol-related accident, he or she may choose to bring a personal injury claim against the person whose intoxication caused the accident. In some cases, it is also possible to bring a personal injury claim against the establishment that served the intoxicated person alcohol. Injury claims brought against alcohol vendors fall under the umbrella of dram shop liability.

Illinois Dram Shop Laws

In certain situations, Illinois law permits an injured person or the representative of a deceased person to bring a personal injury claim against an alcohol vendor such as a restaurant or bar. In order to bring a successful personal injury claim under the state’s dram shop liability laws, you and you attorney will need to prove that:

• The person who caused the injury or death was intoxicated when the incident occurred
• The defendant supplied alcohol to the intoxicated person and he or she consumed it
• The alcohol provided by the defendant was the cause of the person's intoxication
• The injuries sustained by the plaintiff were at least partly caused by the intoxication
• The plaintiff sustained damages, or financial losses as a result of the injuries

Consider the following example: A man is driving down the highway when he is struck by a woman who is driving under the influence of alcohol. The man suffers a traumatic brain injury, two broken ribs, and significant damage to his vehicle. The man has the option of bringing a claim for damages against the woman’s insurance, but he may also be able to bring a claim against the establishment that served the woman alcohol in the first place. He may be entitled to compensation for his emergency room bills, prescription medication costs, ongoing medical treatment, and other medical expenses. If he was forced to miss work due to his injuries, he may receive compensation for lost income. He may also be entitled to compensation for his property damage and for other costs incurred by the accident.

Contact a Winnebago County Dram Shop Claims Lawyer

If you were injured or your loved one was killed in an incident involving an intoxicated individual, you may have several options for pursuing compensation. To learn more, contact Mannarino & Brasfield, A Division of Schwartz Jambois. Schedule a free consultation to discuss your case with a skilled Rockford personal injury attorney by calling our office at 815-215-7561 today.

Sources:

https://www.alcoholrehabguide.org/resources/medical-conditions/injury/

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-21

https://courts.illinois.gov/court/CircuitCourt/CivilJuryInstructions/150.00.pdf